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Mummau v. Ranck

United States Court of Appeals, Third Circuit
Aug 12, 1982
687 F.2d 9 (3d Cir. 1982)

Summary

holding that an assistant district attorney (ADA) who only prosecuted juvenile cases and was not involved in the policymaking details of the office was a policymaker because regardless of whether the ADAs actually exercised all their powers, the powers granted to ADAs were broad

Summary of this case from DiRuzza v. County of Tehama

Opinion

No. 82-1075.

Submitted Under Third Circuit Rule 12(6) August 2, 1982.

Decided August 12, 1982.

Dona S. Kahn, Harris Kahn, Philadelphia, Pa., for appellant.

Joseph W. McGuire, Joseph P. Green, Krusen, Evans Byrne, Philadelphia, Pa., for appellees Michael Ranck and Ronald Buckwalter.

LeRoy S. zimmerman, Atty. Gen., Susan J. Forney, Allen C. Warshaw, Deputy Attys. Gen., Chief, Sp. Litigation, Harrisburg, Pa., for amicus curiae Atty. Gen. of Com. of Pa.

David W. Heckler, Ann A. Osborne, Pa. Dist. Attys. Ass'n, Doylestown, Pa., for amicus curiae Pa. Dist. Attys. Ass'n.

Appeal from the United States District Court for the Eastern District of Pennsylvania.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

Honorable Edward D. Re, Chief Judge of the United States Court of International Trade, sitting by designation.


OPINION OF THE COURT


In Ness v. Marshall, 660 F.2d 517 (3d Cir. 1981), we determined that as a matter of law the positions of city solicitor and assistant city solicitor were those for which party affiliation was an appropriate requirement for effective performance and therefore a mayor's dismissal of those attorneys for reasons of their political affiliation did not violate the First Amendment. In the present case, Mummau v. Ranck, 531 F. Supp. 402 (E.D.Pa. 1982), the district court used kindred reasoning and determined that the plaintiff's employment as an assistant district attorney brought him within the exemption of the rule of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980). The plaintiff has appealed. We affirm essentially for the reasons set forth in Ness v. Marshall, as applied to the facts here by the district court. Additionally, the district court considered and applied appropriate Pennsylvania statutory and case law relating to the obligations of Pennsylvania's district attorneys and their assistants. We specifically reject appellant's contention that his function was purely technical and ministerial and that therefore political affiliation would be an inappropriate criterion for employment. That an assistant district attorney "could conceivably operate in such a legal/technical manner," or that appellant in fact so limited himself to the role described is irrelevant. See Ness, 660 F.2d at 521; Mummau, 531 F. Supp. at 405.

The judgment of the district court will be affirmed.


Summaries of

Mummau v. Ranck

United States Court of Appeals, Third Circuit
Aug 12, 1982
687 F.2d 9 (3d Cir. 1982)

holding that an assistant district attorney (ADA) who only prosecuted juvenile cases and was not involved in the policymaking details of the office was a policymaker because regardless of whether the ADAs actually exercised all their powers, the powers granted to ADAs were broad

Summary of this case from DiRuzza v. County of Tehama

holding that assistant district attorney fell within Elrod-Branti exception

Summary of this case from Gonzalez v. Benavides

affirming grant of summary judgment after concluding as a matter of law that assistant district attorney may be dismissed on the basis of his political affiliation

Summary of this case from Waskovich v. Morgano

affirming summary judgment in favor of defendants

Summary of this case from Allen v. Kline

In Mummau v. Ranck, 687 F.2d 9 (3d Cir. 1982), we affirmed the grant of summary judgment in favor of a county district attorney, determining that, as a matter of law, political affiliation is an appropriate criterion for the position of assistant district attorney.

Summary of this case from Wetzel v. Tucker

In Mummau v. Ranck, 687 F.2d 9, 10 (3d Cir. 1982) (per curiam), the Third Circuit affirmed a decision of the district court and held that an Assistant District Attorney fell squarely within the Elrod-Branti exception.

Summary of this case from Fazio v. City and County of San Francisco

extending holding in Ness from civil to criminal attorneys

Summary of this case from Williams v. City of River Rouge

In Mammau v. Ranch, 687 F.2d 9 (3d Cir. 1982), the Third Circuit, in a one paragraph opinion, upheld the district court's determination that an assistant district attorney could be terminated based on political affiliation as a matter of law.

Summary of this case from Childress v. City of Orange Twp.

involving an assistant district attorney

Summary of this case from Borzilleri v. Mosby

extending the holding in Ness from civil attorneys to criminal attorneys

Summary of this case from Finkelstein v. Barthelemy
Case details for

Mummau v. Ranck

Case Details

Full title:MUMMAU, O. HOWARD, APPELLANT, v. RANCK, MICHAEL, DISTRICT ATTORNEY…

Court:United States Court of Appeals, Third Circuit

Date published: Aug 12, 1982

Citations

687 F.2d 9 (3d Cir. 1982)

Citing Cases

Zold v. Township of Mantua

Id. Later, the Third Circuit applied the same reasoning in affirming the district court's dismissal of an…

Wetzel v. Tucker

Our conclusion was the same for the position of assistant district attorney. In Mummau v. Ranck, 687 F.2d 9…